Grants of representation - Burden and incidence of Inheritance Tax

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Overview

Inheritance Tax (IHT) plays a significant role in estate planning and administration, especially concerning grants of representation. For SQE1 FLK2 exam candidates, complete knowledge of IHT’s implications is essential. This article explores key IHT concepts, advanced planning strategies, and their practical applications in challenging estate scenarios. Understanding these principles equips aspiring legal professionals to provide sophisticated advice on estate planning and wealth transfer.

Inheritance Tax Basics

Tax Rates and Nil Rate Band

IHT charges 40% on the portion of an estate exceeding the nil rate band (NRB), currently set at £325,000 until April 2026. Minimizing liabilities under this tax-free threshold is essential in estate management.

Example: For an estate valued at £500,000, the taxable portion would be £175,000 (£500,000 - £325,000), resulting in an IHT bill of £70,000 (40% of £175,000).

Residence Nil Rate Band (RNRB)

The RNRB provides an extra tax-free allowance when a residence is passed to direct descendants. Introduced at £100,000 in 2017/18, it increased to £175,000 for the 2020/21 tax year and remains there. Estates over £2 million see this reduced by £1 for every £2 above the threshold.

The combined effect of the NRB and RNRB can heavily influence tax strategies. For instance, a married couple could pass on up to £1 million tax-free, combining their individual NRBs (£325,000 x 2) and RNRBs (£175,000 x 2).

Advanced IHT Planning Strategies

Potentially Exempt Transfers (PETs)

PETs let individuals make lifetime gifts exempt from IHT if the donor survives seven years post-transfer. This follows a sliding scale:

  • 0-3 years: Full IHT due
  • 3-4 years: 80%
  • 4-5 years: 60%
  • 5-6 years: 40%
  • 6-7 years: 20%
  • 7+ years: Fully exempt

Example: Elizabeth gifts £500,000 to her daughter in 2020. If Elizabeth dies in 2025, the gift has a 40% IHT liability on the amount exceeding the NRB. Surviving until 2027 exempts the gift, potentially saving £70,000 in IHT (assuming no other chargeable transfers).

Trusts and Relevant Property Trusts

Trusts, notably relevant property trusts set up post-March 2006, are significant in sophisticated estate planning. They face:

  1. A 20% entry charge (on the amount above the NRB)
  2. Up to a 6% periodic charge every ten years
  3. An exit charge when assets leave the trust

Strategically using trusts offers considerable tax benefits. A discretionary trust funded within the NRB allows flexible distribution without immediate tax consequences, potentially shielding future growth from IHT.

Key Exemptions and Reliefs

  1. Spouse/Civil Partner Exemption: Transfers between spouses or civil partners are usually exempt, though limited to £325,000 for a non-domiciled spouse.

  2. Charitable Gifts: Donations to qualifying charities are IHT-exempt. Leaving 10% or more of the net estate to charity reduces the IHT rate on the rest from 40% to 36%.

  3. Business Property Relief (BPR): Offers 50% or 100% relief on qualifying business assets, contingent on specific requirements like ownership duration.

  4. Agricultural Property Relief (APR): Offers up to 100% relief on qualifying agricultural property, adhering to strict conditions concerning the property's nature and use.

Complex Case Studies

Case Study 1: Maximizing Reliefs and Exemptions

James, a widower, owns a farm valued at £2 million and extra assets worth £1 million. He aims to minimize IHT for his children.

Strategy:

  1. Use APR on the farm, potentially reducing its taxable value to zero.
  2. Gift £325,000 (his NRB) to a discretionary trust for grandchildren.
  3. Make a £100,000 charitable bequest (10% of his remaining estate), lowering the IHT rate to 36%.

Outcome: The farm is tax-free due to APR. The trust uses his NRB. The remaining £575,000 is taxed at 36%, leading to an IHT bill of £207,000, significantly less than the potential £400,000 without planning.

Case Study 2: Managing Complex Family Structures

Sarah, in a second marriage, has two children from her first marriage and one with her current spouse. Her estate totals £3 million.

Strategy:

  1. Use her NRB and RNRB by leaving her stake in the family home to her children.
  2. Set up a life interest trust for her spouse with the remainder to her children, balancing current needs with future benefits.
  3. Make lifetime gifts to use PETs and reduce her estate value.

Outcome: This ensures her spouse is supported and her children benefit, potentially saving a substantial sum in IHT through the strategic use of allowances and trust structures.

Future Trends and Considerations

The IHT environment could see reforms, such as:

  1. A simplified rate structure, possibly shifting to a flat rate system.
  2. Reevaluation of reliefs, particularly BPR and APR.
  3. Considerations for international scenarios, including the treatment of non-domiciled individuals and cross-border estate planning.

Legal professionals must stay updated on these changes to provide the best advice. For example, the Office of Tax Simplification suggested merging the NRB and RNRB, significantly impacting property-heavy estate strategies.

Conclusion

Understanding Inheritance Tax is critical for SQE1 FLK2 candidates aiming to excel in estate planning and administration. The interplay of nil rate bands, exemptions, reliefs, and trusts requires a strategic approach. Key considerations include:

  1. The effective use of NRB and RNRB
  2. Tax savings through strategic PETs and trusts
  3. The impact of exemptions and reliefs, especially for business and agricultural assets
  4. Tailored strategies for complex family situations
  5. Keeping abreast of legislative changes in IHT

By comprehending these advanced concepts and their practical applications, future legal professionals can offer valuable guidance in preserving and efficiently transferring wealth.